Décision 2020-885 QPC - Mme Nadine F. [Bénéfice de la retraite progressive pour les salariés en forfait jours], 26-02-2021
Court | Conseil Constitutionnel (France) |
ECLI | ECLI:FR:CC:2021:2020.885.QPC |
Case Outcome | Non conformité totale - effet différé |
Appeal Number | 2020-885 |
Docket Number | CSCX2106558S |
Official gazette publication | JORF n° 0050 du 27 février 2021, texte n° 88 |
Procedure type | QPC |
Record Number | CONSTEXT000043231515 |
Au vu des textes suivants :
- la Constitution ;
- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;
- le code de la sécurité sociale ;
- le code du travail ;
- la loi n° 2016-1088 du 8 août 2016 relative au travail, à la modernisation du dialogue social et à la sécurisation des parcours professionnels ;
- la loi n° 2017-1836 du 30 décembre 2017 de financement de la sécurité sociale pour 2018 ;
- les arrêts de la Cour de cassation du 3 novembre 2016 (deuxième chambre civile, nos 15-26.275 et 15-26.276) ;
- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;
Au vu des pièces suivantes :
- les observations présentées pour la Caisse d'assurance retraite et de la santé au travail d'Aquitaine, partie au litige à l'occasion duquel la question prioritaire de constitutionnalité a été posée, par la SCP Gatineau, Fattaccini et Rebeyrol, avocat au Conseil d'État et à la Cour de cassation, enregistrées le 17 décembre 2020 ;
- les observations présentées pour la requérante et pour le syndicat Confédération française de l'encadrement - Confédération générale des cadres, partie au litige à l'occasion duquel la question prioritaire de constitutionnalité a été posée, par la SCP Thouvenin, Coudray, Grévy, enregistrées le 21 décembre 2020 ;
- les observations présentées par le Premier ministre, enregistrées le même jour ;
- les autres pièces produites et jointes au dossier ;
Après avoir entendu Me Manuela Grévy, avocate au Conseil d'État et à la Cour de cassation, pour la requérante et pour le syndicat Confédération française de l'encadrement - Confédération générale des cadres, Me Jean-Jacques Gatineau, avocat au Conseil d'État et à la Cour de cassation, pour la Caisse d'assurance retraite et de la santé au travail d'Aquitaine, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 9 février 2021 ;
Et après avoir entendu le rapporteur ;
LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
1. L'article L. 351-15 du code de la sécurité sociale, dans sa rédaction résultant de la loi du 30 décembre 2017 mentionnée...
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